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Johnson v. Aljian

September 16, 2010

DONALD JOHNSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
JAMES D. ALJIAN, KIRK KERKORIAN, AND TRACINDA CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Honorable Dolly M. Gee

FINAL JUDGMENT AND ORDER [271, 273]

WHEREAS, the above-captioned matter has settled pursuant to the terms of settlement set forth in a Stipulation of Settlement that was executed by the parties on March 16, 2010 (the "Stipulation");

WHEREAS, the Stipulation contains a number of specifically defined terms, which definitions are incorporated herein by reference with respect to each such term;

WHEREAS, the Court preliminarily approved the Settlement by Order of the Court dated March 31, 2010;

WHEREAS, the Court, having determined that notice of a final hearing in connection with the Settlement was given in accordance with the Preliminary Approval Order, and that said notice was the best notice practicable and was adequate and sufficient;

WHEREAS, a hearing was held before this Court on September 16, 2010, to:

a. determine whether the Settlement should be approved by the Court as fair, reasonable, adequate, and in the best interest of the DCX Class;

b. determine whether judgment should be entered pursuant to the Stipulation, inter alia, dismissing the Action against Defendants with prejudice and extinguishing and releasing all Released Claims;

c. determine whether the Plan of Allocation for the proceeds of the Settlement should be approved by the Court as fair and reasonable;

d. rule on Class Counsel's application for a Fee Award;

e. rule on Plaintiffs' application for reimbursement of reasonable costs and expenses (including lost wages) in connection with their representation of the DCX Class; and

f. otherwise rule on such other matters as the Court may have deemed appropriate; and

WHEREAS, an opportunity to be heard has been given to all Persons entitled to and desiring to be heard as provided in the Notice.

NOW, THEREFORE, after consideration of all written submissions, of all presentations at the time of the hearing, and otherwise being fully ...


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